Police v ANX : Discharge firearm with intent to cause grievous bodily harm

Discharge firearm with intent to cause grievous bodily harm, Section 33A(1)(a) Crimes Act 1900 – Accessory after the fact to firing a firearm, Section 350 Crimes Act 1900 and Section 93G(1)(b) Crimes Act 1900 – Specially aggravated attempted break and enter, Section 113(3) Crimes Act 1900

Facts:

ANX was charged with discharging a firearm with intent to cause grievous bodily harm. After detailed negotiations, those charges were dropped and ANX pleaded guilty to being an accessory after the fact to firing a firearm in a public place and participating in a specially aggravated attempted break and enter. ANX was part of a criminal organisation, and committed a series of offences for and with them.

In relation to the first charge, ANX drove a vehicle which in which the principal offender utilised to get to and flee the crime scene. In relation to the second offence, ANX attempted to break into a dwelling armed with a firearm. Prior to being charged ANX had served sentences in relation to demand property with intent to steal and participating in a criminal group knowing or being reckless as to whether his participation contributed to the occurrence of criminal activity.

Outcome:

Upon sentencing at Sydney District Court, the defence tendered a psychiatric report of ANX and referred to a number of favourable references with the aim of confining the length of the sentence. ANX and his brother were also called to provide evidence about his contrite attitude to the offences. The sentencing judge considered ANX’s promising rehabilitation prospects, remorseful attitude and the low likelihood of reoffending during sentencing. ANX was sentenced to a total of 4 years 9 months imprisonment in totality with his current sentence with a non-parole period of 2 years and 6 months.